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Appellate Court Upholds San Jose Zoning in Marijuana Collective Use Case

Appellate Court Upholds San Jose Zoning in Marijuana Collective Use Case

. By Jennifer Felten  Plaintiff SV Care operated a marijuana collective in a building owned by Plaintiff J. Arthur Properties, II, LLC. The building was in a commercial zoning district in the city of San Jose, California. The city determined the marijuana collective was not operating in a properly zoned area of the city and […]

Fake HOA Files Real Liens

Fake HOA Files Real Liens

. By Jennifer Felten  Tony Navarro, a resident of Missouri, was told by his neighbors to ignore the HOA invoices he receives in the mail. He was told the invoices are a scam, and the neighborhood does not have an HOA. However, right before Christmas last year, a $445 lien was filed against his property, […]

Katy Perry Wins Lawsuit Against Convent

Katy Perry Wins Lawsuit Against Convent

. By Jennifer Felten  Katy Perry attempted to purchase a convent located in the Los Feliz area of Los Angeles.  There are reportedly only five remaining members of The Sisters of the Most Holy and Immaculate Heart of the Blessed Virgin Mary order.  They decided to sell their convent to Perry, who in turn wanted […]

Lawsuit: Construction flaws — Seller Not Necessarily Responsible to Disclose them

Lawsuit: Construction flaws — Seller Not Necessarily Responsible to Disclose them

. By Jennifer Felten  Case of the Month: RSB Vineyards, LLC v. Bernard A. Orsi et al. RSB Vineyards, LLC (“RSB”) purchased a vineyard, including a winery and a tasting room, from the Defendants (“Defendants”) in August 2011.  After the purchase, RSB had someone in to repair the stairs to the tasting room.  His inspection of […]

Beware of Pools

Beware of Pools

. By Jennifer Felten  Both California common law and California Civil Code section 1102 require a seller to disclose information to a potential buyer about the property that are material to their decision to acquire the property.  California has a set form, called the Transfer Disclosure Statement, that is used for this purpose.  However, if […]

Wire Fraud Continues to Impact Real Estate Industry

Wire Fraud Continues to Impact Real Estate Industry

. By Jennifer Felten  Wire Fraud is unfortunately happening too often and sometimes with devastating results.  Everyone needs to become more aware and more vigilant against these criminals as everyone is at risk.  For example, Lori Sattler, an acting State Supreme Court justice in New York, was in the process of selling her Upper East […]

California Holds $8 billion in Unclaimed Property

California Holds $8 billion in Unclaimed Property

By Jennifer Felten According to the California State Controller website, the State of California is currently in possession of more than $8 billion in Unclaimed Property belonging to approximately 32.5 million individuals and organizations.  California has an Unclaimed Property Law where it takes possession of unclaimed property.  This law requires unclaimed property “holders” (such as […]

The Tangled Web of Foreclosure

The Tangled Web of Foreclosure

By Jennifer Felten Case of the Month:  Joshua and Christina Epps, Plaintiffs and Respondents v. Bruce Lindsey, Defendant and Appellant What’s in a word?  For Bruce Lindsey, he hoped it was the house he was living in.  Unfortunately, it didn’t work out the way he wanted.  It all started when Lindsey’s at the time girlfriend, Linda Barbee, […]

Airbnb Updates Security

Airbnb Updates Security

By Jennifer Felten Airbnb has been in the news lately, but not for good reasons.  Criminals have started hacking the accounts of highly rated Airbnb users.  They then are able to conduct a short-term lease on properties using someone else’s account.  While they are in the unit, they rob the place.  Other criminals have taken […]

Do I really have to pay the State of California Annual Minimum Franchise Tax? Taxed When Taxes Aren’t Owed.

Do I really have to pay the State of California Annual Minimum Franchise Tax?  Taxed When Taxes Aren’t Owed.

By Jennifer Felten They say two things in life are a certainty …death and taxes.  A small company named Swart Enterprises, Inc. (“Swart”) found out the hard way how states are always trying to get more revenue via tax dollars.  If you haven’t heard about Swart, don’t feel too bad.  It is a small, family […]

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